Emergency Guardianship in Oklahoma: How the Process Works

The health, physical and emotional welfare of children is extremely important in Oklahoma. Whenever there’s a possibility that a child receives mistreatment in any way, the matter typically goes to court. Once in Court the Judge will use what’s called the “best interests of the child standard” to determine guardianship issues. Tulsa guardianship attorneys know exactly how to win your guardianship case.

Oklahoma Laws:

Under Oklahoma law, a guardian may exist where a judge determines that it is “necessary or convenient” in order to protect the child’s best interests. A guardian is one who submits a petition to a court asking the court to allow the guardian to have control over the child and the child’s property. This often occurs when the child’s current legal guardian (a parent, grandparent, step-parent, aunt/uncle, or foster parent) is unable to adequately care for the child.

How To Gain Guardianship in Oklahoma:

If you wish to become a child’s guardian, you must (1) fill out official paperwork with the court; (2) request that a judge appoint you as the child’s guardian; and (3) attend a court hearing to explain to the judge why you should be the guardian. Becoming a guardian is no easy task. You must have the requisite documentation and evidence to demonstrate that you are a more suitable fit to be the child’s guardian than his or her current legal guardian. For example, if you have evidence the child is being abused or other wise faces immediate risk of harm and you can prove this to a judge, this will strengthen your argument that you are fit to be the child’s guardian.

Once You Receive Guardianship:

If you do become a child’s guardian, you assume responsibility for the child’s needs. For example, enrolling the child in school, overseeing the child’s medical treatment, day care (depending on the child’s age), and ensuring that you are addressing the overall needs of the child, such as whether the child has proper clothing, nutritious food, and a safe and comfortable home to live in. Childhood is the most important stage of development. Guardians can substantially help in making sure a child is on the right path to adulthood.

A court will always consider the biological parent(s) first when determining legal guardianship. However, when the biological parents are unfit, a court will consider other more capable individuals. It is important to note that a guardian does not always have legal custody of a child. They are also not an adoptive parent. It is certainly possible that an appointed guardian can obtain legal custody of the child. They can even possibly adopt the child in the future.

Tulsa Guardianship Attorneys Working For You:

If you wish to become a child’s guardian or to regain guardianship of your child, you need to speak with our Tulsa Guardianship attorneys. Our qualified attorneys have devoted a large part of their practice to dealing with family law matters, including guardianship. Guardianship law is complex and usually involves a high level of emotion. We can level the playing field with the kind of representation that works for you.

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